Citation, commencement and effect

1. —(1) These Regulations may be cited as the Charitable Deductions (Approved Schemes) (Amendment) Regulations 2003 and shall come into force on 5th August 2003

(2) Regulations 3 and 4 to 7 shall have effect in relation to supplements payable under section 38 of the Finance Act 2000 in respect of sums withheld by an employer as mentioned in that section on or after 6th April 2003 and before 6th April 2004.

Interpretation

regulation-2"> 2. In these Regulations “the principal Regulations” means the Charitable Deductions (Approved Schemes) Regulations 1986( 3 ) and “regulation” means a regulation of the principal Regulations.

Amendments to the principal Regulations

3. In regulation 2 for the definition of “supplement” ( 4 ) substitute the following definition—

“ “supplement” means the supplement payable under section 38 of the Finance Act 2000; ” .

4. In regulation 4A( 5 ) for paragraph (3)( 6 ) substitute the following paragraph—

“ (3) The prescribed period for the purposes of section 38(1) of the Finance Act 2000 shall be—

(a) the period of 7 days following the coming into force of the Charitable Deductions (Approved Schemes) (Amendment) Regulations 2003, or

(b) if it ends later, the period within which payment of the sums paid to the approved agency by the employer pursuant to the scheme is to be made under this regulation. ” .

5. In regulation 9 for paragraph (3)( 7 ) substitute the following paragraph—

“ (3) Where an approved agency has not paid to the charities specified by the employees—

(a) the sums paid to it by the employer pursuant to the scheme within the period set out in regulation 4A(1) and (2), or

(b) any supplements relating to those sums within the period prescribed by regulation 4A(3),

the approved agency shall, not later than 7 days following the last day on which it should have paid those sums or supplements to the charities, inform the Board by furnishing a statement of those sums or supplements and the reasons why it has not been able to comply with regulation 4A. ” .

6. In regulation 11(1) for the words after sub-paragraph (c)( 8 ) substitute—

“ and

(d) for not less than 3 years, records of all supplements paid to charities specified by employees and records of all amounts received from the Board under section 38 of the Finance Act 2000. ”

7. For regulation 16( 9 ) substitute—

“ Overpayment of supplement to be treated as unpaid tax

16. Where the Board have made an overpayment under section 38 of the Finance Act 2000 to an approved agent, the amount of that overpayment may be assessed and recovered as if it were an amount of unpaid tax for the purposes of the Taxes Acts. ” .